Lynnsy Logue The Real Estate Lady and Condo CanDo in Charlotte,NC
Last fall, I came across this article from Kenneth Childs in Oregon. What struck me was the similarity of problems with condominiums. I called him and told him I enjoyed the article, had seen similar problems and could I please post it on my site. He has given his permission and I thank him for his insight and experience.
THE DAILY JOURNAL OF COMMERCE, PORTLAND, OREGON
by Kenneth P. Childs, a member of the construction and design practice group at the law firm of Stoel Rives LLP.
August 16, 2007
The condominium market has grown dramatically in recent years and appears to be
on the verge of exploding. Buyers are getting in line to make offers, and some developers are even holding lotteries to select the people who will be given the first chances to make purchase offers. It's a seller's market.
However, the growth in condominium sales has fueled an almost equally aggressive growth in lawsuits. It seems as if nearly every condominium project in the Northwest has generated a legal claim of some sort, and several projects have resulted in sizable lawsuits.
Insurance industry statistics bear this out. One recent study of insurance statistics for design professionals found that professional fees for condominium projects represented 5 percent of all fees, and claims from the projects associated with those fees represented 20 percent of all claims. This four-to-one ratio of claims dollars to fees has resulted in the insurance industry rating condominium work for design professionals as "highly risky."
Insurance statistics for contractors similarly demonstrate the large number of claims associated with condominium work. Many contractors are prevented by their insurance carriers from performing any condominium work at all.
The same insurance industry study for design professionals also found that the major allegations asserted in condominium lawsuits related to waterproofing, HVAC systems, foundations and roofing.Waterproofing is by far the most significant item and includes several building components including siding, windows, flashing and decks. Another common allegation in condominium cases is inadequate soundproofing.
Oregon is one of a small number of states leading the condominium litigation boom.
The other states with high levels of condominium litigation are Washington, North Carolina, South Carolina, Georgia and Florida.
Two environmental factors common to all these states are moisture and wind. Oregon and
Washington experience large amounts of rain, and the other four states have seen the construction of numerous ocean front condominium projects.
Part Two tomorrow…Condo Challenges
Lynnsy Logue The Real Estate Lady and Condo CanDo in Charlotte,NC
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